Whitworth: Split Up Spy, Tax Charges

March 4, 1986|By United Press International

SAN FRANCISCO — The attorney for accused spy Jerry Whitworth said Monday that the former Navy radioman would testify in his own defense but only if tax fraud charges against him are removed for a separate trial.

U.S. District Judge John Vukasin did not rule on the request to sever nine espionage charges from four tax fraud counts in the federal grand jury indictment against Whitworth.

He was expected to decide before the start of jury selection today for Whitworth's trial on charges he passed U.S. military secrets to the Soviets through the Walker family spy ring.

James Larson, Whitworth's lawyer, said his client would refuse to answer questions on the tax charges in a combined trial. The attorney, to support his motion, submitted a sealed copy of Whitworth's expected testimony.

Assistant U.S. Attorney Leida Schoggen argued that should be one trial should be held on both the espionage and tax charges because ''the government will show he got a substantial amount of money'' for spying.

Schoggen said Whitworth was allegedly paid $100,000 for secrets in early June 1980. Within 11 days he made $15,000 in cash purchases and within a few months he had spent $30,000, at a time when his Navy salary for the entire year was less than $30,000, she said.

Whitworth, 47, is charged with conspiring to pass Navy communications codes and other sensitive military secrets to the Soviets from 1974 to 1985 through admitted spy John Walker in Baltimore, Md. If convicted on all counts, Whitworth faces seven life terms in prison.